No death penalty for Modesto man accused in girlfriend’s death

Prosecutors announced Wednesday they will not seek the death penalty against a Modesto man charged in the death of his 19-year-old girlfriend.

But the Stanislaus County District Attorney’s Office filed a new charge of attempted murder against Jose Nery Cuevas in a separate alleged attack on Andrea Castro days before she was killed Jan. 22.

Cuevas’ preliminary hearing was scheduled to begin Wednesday morning, but Superior Court Judge Rick Distaso postponed it until Feb. 3. At the conclusion of the hearing, the judge will decide whether there’s enough evidence for the defendant to stand trial.

Deputy District Attorney Beth O’Hara De Jong filed an amended criminal complaint to include the attempted murder charge with an enhancement that alleges premeditation.

Filed family court documents indicate Castro claimed Cuevas had harmed her before, and she was seeking full custody of her children. In an application for a domestic-violence restraining order, Castro wrote that Cuevas had thrown her on a bed and covered her mouth with his hand before grabbing a pillow and placing it over her face. She said she lost consciousness before waking up later.

A week before the victim’s death, the court granted Castro a temporary restraining order requiring Cuevas to stay at least 100 yards away from her, 16-month-old daughter Jayleen, 5-year-old son Alexis, Castro’s home and vehicle, and Alexis’ school. The woman wrote when applying for the restraining order that she felt her children were not safe around Cuevas.

Castro, who was the mother of Cuevas’ two small children, was found unconscious about 1:30 p.m. at a home in the 1500 block of Moselle Court, just south of Hatch Road, in south Modesto. Despite life-saving attempts by authorities, she died at the home.

Authorities have not discussed the manner of Castro’s death. The prosecutor on Wednesday did not discuss details that led to the attempted murder charge.

The prosecution alleges that Cuevas acted with premeditation and was lying in wait for Castro when she was killed.

Cuevas, 23, remains in custody at the county jail. He’s being held without bail. Distaso scheduled the defendant to return to court Dec. 22 for a pretrial hearing.

This story was originally published October 26, 2016 at 2:58 PM with the headline "No death penalty for Modesto man accused in girlfriend’s death."